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Neutral Citation No. - 2025:AHC:76760 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3244 of 2025 Applicant :- Shravan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Yadav,Niketa Sharma,Rahul Kumar Sharma Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Satya Prakash, Advocate, holding brief of Sri Anil Kumar, learned counsel for the informant, Sri Anil Kumar Singh, learned AGA for the State- respondents and perused the record.
2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Shravan, seeking enlargement on bail in Case Crime No. 298 of 2024, under Sections 191 (2), 191 (3), 351 (2), 351 (3), 352, 109 BNS and Section 3/25/27 Arms Act, Police Station Kotwali Hathras, District Hathras.
3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 04.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that in the incident, general role has been assigned to all the accused persons. It is submitted that the incident took place on 24th November, 2024 and its FIR was lodged on 26.09.2024 without given any explanation for delay in lodging the FIR. The injury report of the injured did not corroborate the prosecution version. It is next submitted that the statement of first informant as well as victim and eye-witnesses are totally false and did not support the medical report of the victim. After completing investigation, investigating officer has submitted charge sheet on 02.12.2024. False recovery of country made pistol 315 bore has been shown against the applicant. Hence, bail has been prayed for.
4. Learned AGA as well counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid
facts.
5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without
commenting on merit of case, a case for bail is made out.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Shravan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad